Tuesday, January 18, 2011

Custodial death claim: 2nd witness 'missing'

(Malaysiakini) The second witness in the M Krishnan's death-in-custody case has vanished without a trace, raising suspicions that he was threatened against coming out, said a prominent human rights lawyer.

NONEN Surendran (right), who is representing Krishnan's family in seeking a second post-mortem to determine the cause of death, said they do not know where the witness is and are not able to contact him.

"We have lost our second witness in suspicious circumstances. We suspect someone may be preventing him from coming forward," Surendran said when met today.

"It seems common now for witnesses in cases related to death in custody to be threatened and even arrested by the authorities."Krishnan, who was arrested at a friend's house late on Jan 2 night, died on Jan 7 while being detained at the Bukit Jalil police lock-up.

His family has claimed that he was assaulted, based on bruises and cuts on his body, but both the police and the hospital have contended that his death was due to a stomach ulcer.

NONEKrishnan's friend, taxi driver A Sargunan (right), 34, had come forward last Tuesday as the first witness in the case.

Sargunan claimed that the police had ordered them both to lie on their stomach before proceeding to kick and stomp their backs while wearing boots.

Surendran also said the police have made the situation unduly difficult by forcing the family to secure a court order for a second post-mortem to be carried out on Krishnan's body.

“All they need to do is to say 'yes' to a (second) post-mortem. Instead, the police (were) deceitful (in saying) that the family needs to get a court order.
“What surprises me is they (police) still refuse to give their consent after an eyewitness has forward, because now it is in everyone's best interest to have a second post-mortem.”

'Justice for Krishnan'

Surendran pointed ouNONEt, though, that the delaying tactic has done little to dent his clients' resolve to pursue justice to honour Krishnan's (left) memory.

The people from Krishnan's kampong are “extremely upset” and are expected to turn up in force at the Kuala Lumpur court complex tomorrow to protest his death, said Surendran.

“I'm glad the family is quite resolute. His mother said that, no matter how long it takes, she wants the truth out... not just for the family but also for the community.”

Krishnan's family is expected to apply for a court order tomorrow to allow the second post-mortem to be carried out.

Police response
In response to Surendran's claim, the police urged the lawyer to inform them if the witness is missing.

Prosecuting division senior deputy director Razali Basri pointed out that the police so far have no record of any witness "disappearing" in the probe into Krishnan's death.

"There are a number of witnesses. We don't know which one he (Surendran) is referring to," he told Malaysiakini.

"It is normal for witnesses to go on holiday or go (out of town), but if he feels a witness has really gone missing then he should let us know.

"As a lawyer, he should report back to us so an investigation can be carried out."

Razali also urged Surendran to verify his facts first before making sweeping statements regarding the status of witnesses or investigations.

"If you are not sure of certain facts, you can always confirm with the authorities. If your statement can lead to any unhealthy speculation, please avoid it as it is unfair to accuse the authorities of things without being sure of your facts," he added.

Biased Judge in P. Uthayakumar’s Sedition trial disallows reference to pariah in Interlok book to prove UMNO Attorney General’s malicious and selective prosecution.

The biased Judge Sabaraiah Osman had been difficult first thing this morning, despite P. Uthayakumar having to attend another Federal Court Sedition matter where even the Judge Junaidah who had dismissed the criminal charge of Sedition against P. Uthayakumar was “scaked”.

This biased Sessions Court Judge Sabariah Osman threatened to issue a warrant for P. Uthayakumar knowing that he was at the Federal Court.

P. Uthayakumar’s sedition trial at the K.L. Court started at 2.30 p.m P. Uthayakumar tendered the Interlok book, pages 211 “ Satu pekara besar yang membuatkan mereka senang bergaul adalah kerana mereka tergolong dalam satu kasta Paria. Mereka tidak perlu takut akan mengotori sesiapa kalau bersentuhan”, page 224 “Maniam hanya membawa bungkusan kecil berisi sirih pinang. Tidak makan tengah hari tidak mendatangkan masalah asalkan dia dapat mengunyah sirihnya seperti lembu atau kambing memamah biak” and page 276 “Dia berasa bangga kerana anjing orang putih itu jinak dengannya. Kadang-kadang dia menunjukkan lagaknya dengan membawa anjing itu sampai ke biliknya”.

DCP Acryl Sani Abdullah Sani was made to read these passages and a newsreport in Sinarharian 11/1/11 at page S9 of the angry Indians burning the Interlok book.

This biased Judge refused to allow the tendering of the Interlok book or two other newspaper clippings on the seditions use of the word Pariah leading to the angering of the Indian community in Malaysia. She also disallowed the witness DCP Dato Acryl Sani Abdullah Sani the Deputy federal Criminal Investigations Director from answering how many police reports had been lodged by the Indians thus for and why there is no Sedition Charge unlike in the case of P. Uthayakumar who had used the word ‘ethnic cleansing” of Indians in Malaysia referring to Kg. Medan racial attacks , Hindu temple demolishments, killings in police lock up of Indians and shooting dead Indians by the Malay-sian police.

Double standards vindictive and malicious prosecution of the UMNO Attorney General’s prosecution. When the malay call the Indian Pariah there is no criminal prosecution.

This is UMNO AGs’ double standards.

This case resumes tomorrow (18/1/11) @ 9.30a.m at full steam by this biased Judge to convict P. Uthayakumar.

Karunai Nithi @ Compassionate Justice

Federal Court strikes out appeal by three Hindraf activists

PUTRAJAYA: The Federal Court here today struck out an appeal by three Hindu Rights Action Force (Hindraf) activists to overturn a High Court decision to reinstate a sedition charge against them.

Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Hashim Yusoff and Md Raus Sharif made the unanimous decision after ruling that the apex court did not have the jurisdiction to hear their appeal because the matter originated from the Sessions Court.

Matters originating from the Sessions Court end at the Court of Appeal.

Lawyers P Uthayakumar, 49, younger brother P Waytha Moorthy, 44, and V Ganabatirau, 37, were charged at the Klang Sessions Court on Nov 23, 2007, with allegedly inciting a crowd through their speeches in Tamil, at a restaurant in Batang Berjuntai between 8.30pm and 11.15pm on Nov 16, 2007.

Ten days later, the Sessions Court ordered the three to be discharged not amounting to an acquittal on a technicality, after ruling that the charge was improperly framed.

However, on Dec 10, the same year, the High Court reversed the decision after allowing the prosecution’s application to review that of the Sessions Court.

The Court of Appeal on July 7, last year rejected their appeal and upheld the High Court”s decision to order the trio to stand trial on the charge.

Uthayakumar, Waytha Moorthy and Ganabatirau were charged under Section 4 of the Sedition Act 1948 (Revised 1969) and would be liable to a maximum RM5,000 fine or three years” jail, upon conviction.


School principal defends ‘pariah’ remark, apologises to Indian students

KUALA LUMPUR, Jan 17 — A Muslim school principal apologised to some 200 Indian students this afternoon, hours after word spread that she had allegedly called the Indian community “pariahs” during the morning's school assembly.

A senior teacher with SMK Taman Tasik Ampang confirmed that headmistress Zaini Mohd Zin made the apology to the students in the school library at 12.30pm.

“She apologised and shook their hands,” he told The Malaysian Insider, adding the students responded positively to her apology.

But one student questioned her intentions in using the term, the teacher said, disclosing that Zaini then gave a private explanation to the student who then accepted the apology.

Zaini earlier told The Malaysian Insider that while she admitted to using the word once during her speech, she had merely been quoting from the controversial “Interlok” novel.

“I was explaining to the students about the importance of excelling in the history subject and it was then that I referred to the ‘Interlok’ novel.

“I quoted from the novel, mentioning that the reason why the Indians were unhappy with the book was because of the word. I do not even dare to repeat the word now,” she said when contacted.

Zaini added that in her speech she had also said the Indian community from the lower castes in India had migrated to Malaysia in the past and were contented here as they were better recognised.

“I said many left India because of the caste system and they are happy here because Malaysia does not practice that. We are all equal,” she said.

But her words, Zaini lamented, had been taken out of context to mean that she was insulting the community by calling them “pariahs” and low class.

She admitted that she had treaded on dangerous ground when she touched on the “Interlok” row and expressed regret that the incident had annoyed the Indian community.

“I am getting cold feet now. I truly did not mean to insult anyone with my statement. It would have been extremely stupid of me to mention the word with the intention to hurt anyone.

“Now, I do not even dare to repeat the word... even to you,” she said.

Zaini said she was willing to apologise over the incident and revealed that she would clarify the matter during school assembly next Monday.

“I am also writing a letter now to the Selangor and federal education departments,” she said.

Word of the incident spread like wildfire this morning as SMSes began circulating that Zaini had insulted the Indian community by accusing them of being in the lower caste and calling them “pariahs”.

The senior teacher vouched for his superior and came to her immediate defence when asked if she had uttered the derogatory term.

“I am from the Indian community myself and here, I have worked with over seven or eight bosses before.

“I am not trying to back her because she is my boss but I truly believe that I have never worked with a superior more open-minded and moderate than Zaini,” he said.

He added that Zaini even allowed her Hindu students to take special religious classes during school hours and never objected when he invited religious leaders to give speeches.

“Even a Buddhist monk has entered our school to give talks. I am convinced that she had made those statements without any malice.

“Zaini is not a racist. She is even willing to retract what she said and apologise although her words were taken out of context,” he said.

The senior teacher claimed the incident was being blown out of proportion as certain parties were attempting to use it to their benefit in the ongoing row over the “Interlok” novel.

“People are just trying to turn it into an issue for their own personal reason. But this is wrong,” he said. - The Malaysian Insider